A Federal High Court sitting in Abuja has ordered the final forfeiture of the total sum of N150m linked to the longest serving member of the House of Representatives, Nicholas Mutu.

Justice Joyce Abdulmalik granted the order following an application by the Economic and Financial Crimes Commission (EFCC) through its legal team led by Ekele Iheanacho, a Senior Advocate of Nigeria.

Daily Trust reports that Mutu, who is unarguably the longest serving member of the green chamber, was elected in 1999 as a member of the House of Representatives, representing the Bomadi/Patani Federal Constituency of Delta State.

The Delta lawmaker, who has served in the green chamber for 27 years was Chairman of the House Committee on NDDC between 2009 and 2019.

According to the EFCC, its investigation revealed that Mutu received kickbacks totalling N400,159,689.63 from an NDDC consultant, Starline Consultancy Services, while serving as chairman of the House Committee on NDDC.

The commission told the court that the funds were allegedly laundered through the Heritage Bank accounts of two companies linked to the lawmaker, Airworld Technologies Ltd and Oyien Homes Ltd.

The anti-graft agency, therefore, filed an application pursuant to Section 44(2) of the Constitution of the Federal Republic of Nigeria, 1999 and Section 17 of the Advance Fee Fraud Related Offences Act, 2006.

It claimed that Mutu is not just a director in the companies, he maintains the highest shares in the companies while the other shareholders and directors are his wife and members of his immediate family.

The EFCC investigators added, “The NDDC consultant had approached Mutu’s committee to assist them recover debts owed by oil and gas companies operating in the Niger Delta region.

“The consultant had sought the assistance of the House committee to use its powers to compel the oil and gas companies to pay up their debts.

“Following the intervention of Mutu’s Committee, in this regard, the oil and gas companies were invited to the House where the consultants were able to meet with them and reconcile figures.

“The Committee issued payment demands notices to the companies and eventually, over N100bn, was recovered for NDDC. While the consultant received their fees, Mutu’s companies received part of the funds.

“While the EFCC was ongoing, Mutu procured the NDDC consultant to issue a subcontract letter to his company Airworld Technology Ltd so as to cover up the kickback payments he received.

“This was done to deceive the investigation and pervert the course of justice. During the investigation, Mutu returned the sum of N150m but later claimed he did not do so voluntarily.

“He also claimed that the funds received by his companies were based on lawful transactions relying on the purported sub contract documents prepared during investigation even when the consultant that made the payment had clearly confirmed the sub contract was merely a ruse and that no work was done by Mutu’s companies.”

Justice Abdulmalik, after considering the application, the objections, and various affidavits filed by counsel to Mutu and his company Airworld Technologies Ltd, held that it had merit and ordered the final forfeiture of the said funds to the Federal Government of Nigeria.

Delivering the judgment on Thursday, Justice Abdulmalik found that the said sum of N150m refunded by Mutu constituted proceeds of unlawful activities and consequently forfeited it.

Before the latest order, the EFCC had appealed against the earlier Mutu’s discharge and acquittal in the criminal trial on money laundering which was based on the same set of facts and evidence by Justice F.O.G Ogunbanjo.

According to the commission, after being served with the notice of appeal, Mutu’s counsel, P.I.N. Ikwueto (SAN), said he had not been instructed to receive the appeal processes on behalf of the lawmaker, while J.O. Asoluka (SAN), counsel to Airworld Technologies Ltd, made a similar claim. (Daily Trust)

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